Lafarge Corp. v. Hartford Casualty Insurance

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• suggesting that the insurer cannot use the Cooperation Clause to require the insured to cooperate in the coverage litigation
• concluding, under Texas law, that a voluntary payments provision precluded the insurer from being liable for defense costs incurred by the insured prior to tender of claim
• “[U]nder Texas law, the duty to defend does not arise until a petition alleging a potentially covered claim is tendered to the insurer.” (citation omitted)
• “[Dairyland] implies that an insurer that falls within the provisions of section 38.006 is exempt from payment of attorney’s fees and that only those insurers who do not qualify for the exemption are subject to the payment of attorney’s fees.”

Source: CourtListener parenthetical corpus (CC0).